Appeal No. 95-4645
Application 07/678,441
the modification of the reproduced image data in such a manner as
to diffuse one pixel of data into data of surrounding pixels.
The examiner’s correlation of the claimed modifying feature
to the error correcting capability of the error correction
circuit 53 in Figure 2 of Hirano is misplaced. Even though the
discussion of Figure 2 of Hirano beginning at column 4, line 30,
indicates that with respect to read operation the error
correcting code generator 53 does in fact correct or modify data
to the extent broadly claimed, it does not do so in a program
manner such as to diffuse a pixel into surrounding pixels in
accordance with the arguments presented by appellants linking the
claimed means for modifying to the Figure 9 representation of the
disclosed invention. Thus, we conclude that there can be no
structural equivalence in accordance with 35 U.S.C. § 112, sixth
paragraph, for this claimed feature. As such, we do not agree
with the examiner’s expanded arguments as to this modifying
feature in the supplemental answer at pages 2 and 3 thereof.
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